Advocate Rohan Bathla

Questions Answered by Advocate Rohan Bathla

Q: How to get refund if I paid GST to vendor but he didn't deposit GST

i made a payment to a vendor for some office work , he charged gst on invoice, i paid him, now he has not deposited gst to department so i cant get credit , what can i do where can i complaint about him

Advocate Rohan Bathla answered
You can submit a complaint with Gst officer of your Judisdictional office regarding this malpractice of your vendor. But now laws are changing and you cannot be denied ITC on ground that the seller has not deposited tax. Department has to make recovery of dues from his assets or any material thing carrying some value. No liability will arise on your part to pay the tax if you want to claim ITC. That will be last option for government when they are not able to recover the dues because seller is not traceable.

Q: What are the documents required to register for GST

Consent letter from landlord for gst registration should be on stamp paper or plain paper. I want sole proprietorship registration under gst.

Advocate Rohan Bathla answered
It can be taken on Plain Paper with proper signature of landlord and witness along with their address proof. Also the Proper officer or Inspector may ask for the registry copy of property in name of person who is giving the consent i.e Landlord. So keep a cancelled copy of that too with yourself.

Q: Legal obligations to become Income tax practitoner/preparer

(1) Does a "BBA degree" counts as the "Degree in Commerce" as per Rule 51 of Income tax rules, 1962? (2) Legally, Can I represent as Authorized Representative for & on behalf of the Income Tax Payers/Assessees, if I am just physically asked by the any Income Tax payer, to file an ITR or prepare Income tax for him/her in exchange for some fee amount? (As per Section 288(2) of Income Tax Act, 1961, Point no. 1) (3) Can a person possessing a qualification of BBA, become Income tax Advisor or practictioner?

Advocate Rohan Bathla answered
Yes you can enroll yourself as Tax Return Preparer under Tax return preparer scheme of income Tax Department, if you are interested in taxation advisory field. It is not mandatory to have a professional degree to file tax returns.

Q: Clarification on bank fixed deposits opened for a one person company

I want to start one person company and book bank fixed deposit in its name. Can i deduct business expenses from interest income earned on bank fixed deposit?

Advocate Rohan Bathla answered
Hello,Yes, you can deduct expenses from the interest earned on Fixed deposit. It will be your income from other sources and will be shown in your profit and loss account. After that you can deduct your business expenses from that interest income besides your profit from business.